Expert determination clauses have proved popular in all sorts of contracts. This is because they offer the prospect of a cheap and relatively fast way of resolving disputes, unlike clauses providing for the resolution of disputes by arbitration or court proceedings. If such clauses also provide that the expert need not give reasons for their … Continue reading Expert determination clauses: traps for the unwary?
Many an insured has come unstuck in pursuit of an insurance claim by finding themselves in breach of a “claims cooperation” clause in their insurance policy. Almost invariably framed as a condition precedent, these are clauses which require the insured to cooperate with insurers in, amongst other things, the provision of information following events giving … Continue reading Claims cooperation clauses: some limited leeway for insureds?